Supreme Justice (23 page)

Two days later, Justice Moss and Brad Miller sat quietly in the judge’s chambers while Keith Evans brought them up to speed on the investigation.

“Justice Price passed away last night,” he said.

“Oh my,” Felicia said. A tear drifted down her cheek. “He saved my life, you know. When Harriet pulled the gun, he begged her to spare me. Then he took the bullet that was meant for me.”

“Lezak would probably have killed him anyway,” Keith said. “When we swept your chambers, we found a listening device. She could hear everything you said in here, which means she heard you and Brad lay out the investigation. She couldn’t let Price talk, and you were a witness
and
you were going to vote to grant Woodruff’s cert petition.”

“Has Harriet—or whatever her real name is—has she said anything?” Brad asked.

“She’s still not able to speak.”

“How did she become a clerk?” Brad asked. With everything that had gone on, he’d never had a chance to find out how Keith knew “Lezak” was an impostor.

Keith told them everything Daphne Haggard had discovered in Inverness.

“Without Price, we can’t prove everything,” Keith said, “but here’s what I think happened. Masterson would have kept track of Woodruff’s case. When the Oregon Supreme Court denied her appeal, he must have told Price that they needed a mole on the Court to keep track of the way some of the more liberal judges were leaning and to try and influence them. I’m guessing that Masterson made a study of the students at the top of second-tier law schools until he found one who looked like one of his operatives. Daphne Haggard told me how excited Dean Ostgard was at the possibility of placing a La Follette grad in a Supreme Court clerkship. It wasn’t much of an effort to get him to keep Price’s experiment secret, and the real Harriet Lezak was thrilled by the opportunity to get the most prestigious law job in the country.

“A few months before the offer was made, the impostor befriended Lezak. She may have posed as a fellow runner and killed Harriet in the forest during a run. Then she chopped up the body to hide it and stall identification as long as possible in case someone stumbled across the body parts.”

Keith addressed Justice Moss. “Once Price hired Lezak, he maneuvered you into taking her on as your clerk. Her first chance to influence your decision in
Woodruff
came when you assigned her to write a memo about the legal issues raised by the case. Brad has reviewed the phony Lezak’s legal work. He said it was pretty high quality. She’s probably a lawyer or had legal training. She used her memo to convince you to vote against granting cert, but you had reservations about the case. That made you a potential target. I’m guessing that Masterson told her to take you out when Price told him that you were responsible for convincing the justices to defer the vote on
Woodruff
in the conference.”

“Do you have a case against Masterson?” Justice Moss asked.

“I’ll be honest with you, Judge. If we can’t get the phony Lezak to talk, we have nothing.”

“Agent Evans,” the judge said, “I will do everything in my power to see that the events on the
China Sea
receive as much publicity as they possibly can. Once the other justices learn what’s happened, I’m guessing that cert will be granted. There are going to be congressional inquiries, investigative reports. Dennis Masterson will not get away scot-free.”

“I wish I shared your enthusiasm,” Keith said. “Masterson is a powerful man, and the CIA has a vested interest in keeping its dirty secrets hidden from the public eye.”

“You’re right, of course. But the Agency has got to draw the line somewhere, and I hope it’s at the murder of a United States Supreme Court justice.”

“One can always hope,” Evans said, but he didn’t sound like he expected the Agency to act honorably. He looked at his watch. “I’ve got to run. I’m driving Haggard to the airport, and I’m cutting it close.”

As soon as Detective Haggard buckled her seat belt, Evans handed her a copy of the
Washington Post
. The headline read “Small-Town Ivy League Detective Solves Supreme Court Murder Case.”

“I thought you might like to show that to your husband and your boss,” he said.

Daphne blushed. “I’m afraid I’ve been given more credit than I deserve.”

“Not true. And I’m not the only one who thinks that was one great piece of detective work. In fact, I’ve been authorized to ask you if you have any interest in joining the Bureau. The people who make the big decisions have spoken to your boss in Chicago, and he had great things to say about you. Personally, I think you’d make one hell of an agent.”

Daphne’s breath caught in her chest. Joining the FBI was like making the majors if you played baseball. She’d thought about it a lot when she was in Chicago, but she hadn’t dreamed about it at all since she’d moved to Inverness.

“I appreciate the offer, but I’m going to have to talk it over with my husband. He has a good job teaching, and he’ll have to be part of any decision I make.”

“You’ll be back in D.C. to testify, so take your time. The offer is serious.”

Daphne thought about the offer to join the Bureau while she checked in and went through security. And the offer wasn’t the only thing distracting her. Daphne had become a celebrity during her time in D.C. As soon as the press learned about her academic background and her brilliant detective work, she had been the subject of stories like the one Keith Evans had shown her. She’d also fielded a number of book and movie offers, as well as invitations to appear on TV and radio shows.

Daphne had called Brett every night before she went to bed to tell him what had happened during her day. She treasured their talks because they introduced a note of normalcy into her insanely hectic D.C. routine. As soon as she was in the boarding area, Daphne called Brett.

“Where are you?” he asked.

“I’m waiting for my plane. It’s going to board in twenty minutes.”

“I missed you.”

“Ditto.”

“So, tell me, are the rumors true? Are they really thinking of having Charlize Theron play you in the movie?”

“Not you, too,” Daphne moaned.

“Hey, I need to know who I should fantasize about when we’re making love.”

“You are such an asshole.”

Brett laughed. Then he got quiet. “Are you going to be able to settle down and go back to writing traffic tickets?” he asked.

“Detectives don’t hand out traffic tickets,” Daphne answered, but she knew the question was serious. It was another version of “How you gonna keep ’em down on the farm after they’ve seen Paree?”

“I was invited to apply to join the FBI,” Daphne said after a pause. “It was a serious offer. The implication was that the application was just a matter of form.”

“What did you tell them?” Brett asked.

“That I had to think about it and that I wouldn’t do anything without talking to you.”

“So, how are you leaning?”

Daphne could hear the tension in Brett’s voice.

“The agent who tendered the offer started out as a small-town cop in Nebraska. I asked him about the adjustment, and he was pretty honest. He told me he got his offer the same way I was getting mine, after he found a serial killer who had stymied the Bureau. He told me that agents move around a lot and they’re not home much. The work is exciting but it’s high pressure, and it doesn’t leave much time for friends and relationships. His marriage was a casualty of the move.”

“When I couldn’t get a teaching job, you stood by me,” Brett said. “And when I got the offer from Inverness, you gave up a future on the Chicago force so I could be happy. If you really want to make this move, I’ll support your decision. I can always find a teaching job. What I don’t want is to have you wondering about what could have been and regretting that you didn’t make the best of your big opportunity.”

Daphne smiled. “You have always been my big opportunity, Brett. I did move to Inverness for you, and I’ll admit there were times when I wondered whether I’d made too big a sacrifice. Then I’d see how happy you are when you come back from class, and I’d know I’d made the right choice. I like Inverness. We’re known and respected there. Chicago or D.C. would be a rat race. My career might take off, but would our marriage survive the separation and constant moves that would be inevitable if I worked in the Bureau? I’m not willing to risk your happiness and what we have. So, yes, I’m ready, willing, and able to hand out traffic tickets and kiss my brilliant future in the Bureau good-bye.”

“I love you.”

“I love you, too.”

“So, you never answered my question about Charlize Theron . . .”

Daphne laughed. “Call me Charlize when we’re in bed, and I’m going to Taser you.”

Brett laughed. “Hurry home, kiddo, and we’ll see what happens.”

Dana called Brad half an hour after Keith Evans left. She was upbeat, which was unusual for her.

“I just got some good news,” Dana told Brad. “Jake called and he’s coming home this week.”

“That’s great. Let’s get together.”

“Will do. So, what’s going on with the case?”

‘ “Lezak still can’t talk. If she doesn’t, Keith thinks Masterson may walk. The judge is determined to push for a congressional investigation. That might not lead to an indictment, but it will make the
China Sea
incident public.”

“That’s the main reason I’m calling. I promised Pat Gorman a scoop, and I’d like to deliver, but I need the judge’s permission to go public. Can you see if I can get it? I’ll keep the judge’s involvement quiet. Tell her if she wants to shine a big spotlight on Dennis Masterson, a story in
Exposed
will do that in spades.
Exposed
’s motto is ‘All the innuendo Pat sees fit to print.’ ”

Dana and Brad talked a little longer before they hung up. She was looking forward to exposing Dennis Masterson, but she was frustrated by her inability to develop a plan that would put Masterson and Bergstrom in prison. She was also stressed out because she was balancing her investigations for her clients with the tail she’d put on Bergstrom.

When she needed to, Dana employed retired policemen or moonlighting cops to help her. She was doing that now so she could watch Bergstrom, who spent most of his time at home or at a gym where he pumped iron and practiced mixed martial arts. Dana’s financial resources were limited, and the strain of twenty-hour days was starting to show. She knew she couldn’t keep up the tail much longer or her business and her health would fail, so she had decided to end her surveillance of The Swede. If nothing happened that night, the Congress and the press could deal with the problem.

That evening, Bergstrom broke his routine and left his house at ten. He headed toward a rural area of Virginia where farms outnumbered housing developments. Bergstrom turned off the highway onto a narrow country road, and Dana took a chance by turning off her headlights. She followed Bergstrom into a small village and saw him turn into the deserted parking lot of a closed general store. Dana pulled into a side street a block from the store. She had brought several weapons with her, and she checked them before taking a video camera with a long-range directional mike out of her backseat.

Dana approached the general store through a narrow alley. When she arrived at the end of the alley, she could see Bergstrom sitting in his car. Ten minutes later, headlight beams illuminated the street. Bergstrom got out of his car when a nondescript Buick pulled into the lot a space away from his car. Dana activated the video camera and the mike when Dennis Masterson got out of the passenger side of the car. She began to listen.

“Why the meeting?” Bergstrom asked.

“They operated on the woman I placed on the Court. The word I get is that she’ll be able to talk soon.”

“Has she given the cops any information so far?”

“No, but she’s been out of it since she was injured.”

“Is this someone you’ve worked with before?”

Masterson nodded.

“Then she knows the drill.”

“She killed a Supreme Court justice. No one will show her mercy. People are unpredictable when they’re facing death and are given a way of avoiding it.”

“Maybe so, but what do you want me to do about it?”

“You can get to her, silence her.”

Bergstrom laughed. “Are you nuts? She’ll have an army guarding her.”

“You’re the only one I can count on to do this.”

“Then you’re in trouble. I don’t do suicide missions.”

“You don’t understand. She can put us in prison.”

“Correction, Dennis. She can put you in prison. She doesn’t know me.”

Masterson stared hard at Bergstrom. “We sink or swim together, Tom.”

Bergstrom sighed. “I thought you would say something like that.”

What happened next happened so fast that Dana wasn’t certain of what she’d seen until she viewed the DVD. Bergstrom hit Masterson in the throat with the rigid fingers of his left hand, stunning him. At the same time, he whipped out a gun with his right hand and fired through the passenger window, killing Masterson’s driver. After shooting the driver a second time, Bergstrom fired a third shot between Masterson’s eyes. When he was certain both men were dead, The Swede dropped the weapon next to Masterson’s car, took off his gloves, and drove away.

For a moment, Dana toyed with the idea of following Bergstrom and taking him out. But the plan was far too dangerous, considering what she’d just seen. Dana backed into the shadows in the alley and checked the DVD. She’d turn it over to Keith Evans and let him get the credit for catching the man who’d killed one of the most powerful men in the country.

Brad Miller walked into the chambers of Justice Moss and found her slumped in her chair, looking exhausted. He wasn’t surprised. A normal term of the Court was demanding. Any case the justices decided affected not only the litigants but thousands of people who were not participants in the case. Just think
Roe v. Wade
or
Miranda v. Arizona
. When you added murder to the equation, it was easy to see why the justice’s nerves were frayed.

Two weeks had passed since the fight in the judge’s chambers that had resulted in Millard Price’s death. That incident had to share top billing with the murder of ex–CIA director Dennis Masterson. When
Exposed
broke its story about the involvement of the Two Amigos in the
China Sea
affair, no other news story had a chance of stealing a headline.

“You wanted to see me?” Brad said.

“Sit.”

Brad took the chair Justice Moss indicated.

“I just got back from the cert conference. The vote to grant cert in Sarah Woodruff’s case was unanimous. From the way everyone was talking, there’s an excellent chance that we’re going to send Sarah Woodruff’s case back for a new trial.”

“That’s terrific!”

“It’s not official yet that we’re granting cert, so keep this between us, but I thought you and Dana Cutler had a right to know.”

“Thank you.”

“You’re owed a lot more than a heads-up about the outcome of a case, Brad. Sarah Woodruff and I owe our lives to you.”

Brad didn’t know what to say, so he said nothing.

The judge closed her eyes and pressed her fingers to her eyelids. When she opened her eyes, she sighed.

“I’ve always known that I was getting old, but I haven’t
felt
old until this term. I don’t know how much longer I can take the pace.”

“You’re not thinking of quitting, are you?” Brad asked, tamping down the alarm he felt at the possibility that the Court could be deprived of a great legal mind.

“There’s a strong possibility that I won’t be back next term.”

“Don’t quit. You say that Dana and I saved Sarah Woodruff, but that’s not entirely correct. If you hadn’t stood up for her, she would be facing execution. You’re a hero to me and a lot of other people. And I don’t mean just because of
Woodruff
.”

Moss smiled. “That’s touching, Brad, and I’m not going to make any rash decisions, but I don’t think I could take another term like this.”

Brad laughed. “If that’s what you’re worried about, you’re going to be on this court for a long time. I can’t imagine that there will ever be another term of the United States Supreme Court like this one.”

Brad, Ginny, Dana, and Jake were in a festive mood when they met for dinner at Michelangelo’s, an Italian restaurant a few blocks from the offices of
Exposed
where Patrick Gorman ran a tab. The bill was being picked up by Gorman to show his appreciation for everyone’s help in breaking a political scandal as big as the Farrington affair. He was already talking about a second Pulitzer, but what made him really giddy was the new advertising revenue from large corporations that used to use his newspaper to collect parakeet droppings.

“I have an important announcement,” Brad said as soon as they’d made their wine selection. “Now this is hush-hush until tomorrow. Justice Moss just told me this in confidence an hour ago. So I need your blood oath that you’ll keep it between us.” Brad looked directly at Dana. “No spilling the beans to Mr. Gorman. Swear?”

Dana forced herself to look solemn and crossed her heart.

“So, give,” Ginny said.

“They’re granting cert in
Woodruff
, and her read is that the case will probably go back for a new trial.”

Everyone applauded.

“The judge thinks there’s a majority who want to rule that a defendant’s need for exculpatory evidence trumps concerns of national security in a case where the defendant is facing the death penalty. Of course, a lot can happen between now and when the case is decided.”

“I wonder if the DA will try Sarah again,” Ginny said.

“It’ll be a tough case to win with all the doubt that the evidence about the
China Sea
will cast over the State’s case,” Dana said.

“And there will be all sorts of adverse publicity about the CIA smuggling drugs and Masterson trying to kill Supreme Court justices to hush up what happened,” Jake said. “If I was the defense attorney, I’d argue that people who would kill a judge on our high court would think nothing of killing that guy Finley.”

“An argument I’m sure Mary Garrett is crafting as we speak,” Dana said.

Ginny cleared her throat. “Mr. Miller isn’t the only person with breaking news. I know a thing or two also.”

“Give,” Jake said.

“Tomorrow, Audrey Stewart is going to take her name out of consideration for a spot on the Court for . . .”

Instead of finishing her sentence, Ginny gestured to her friends.

“Health reasons,” they said in unison, before breaking into laughter.

“How did you guess?” Ginny asked with a cynical smile.

“I can’t believe President Gaylord nominated Stewart in the first place,” Brad said. “There were so many other worthwhile candidates.”

“Yeah, but none of them had Dennis Masterson backing them,” Ginny said. “There were rumors around the office about a late-night visit by Masterson to the White House. I’m guessing a lot of dirty secrets died with our senior partner.”

“Secrets powerful enough to force the president to nominate Audrey Stewart to the Supreme Court?” Jake asked.

Dana cast her lover a look of pure scorn. “Grow up, Mr. Teeny. The guy was the head of the CIA. He probably knew what kind of underwear you buy.”

“Mine are pretty dull, but yours . . .”

Dana slapped Jake playfully, and everyone laughed just as the waiter arrived with the wine Dana had ordered. Dana didn’t know that much about wine. She’d just ordered the most expensive bottle on the wine list because her friends deserved it and Patrick Gorman could afford it.

Dana raised her glass. “To Sarah Woodruff,” she said when everyone’s glass was full.

“And Felicia Moss,” Brad added.

“Amen,” everyone said.